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What Is a Personal Injury Claim? A personal injury lawsuit involves a person suffering physical or emotional injury as a result of someone else's negligence. The victim may be entitled to compensation for medical expenses as well as pain, suffering and lost wages. Other expenses might include travel expenses to appointments and home modifications as well as care costs for permanent impairments or disabilities. Some victims may also be able to claim special damages for mental pain. Damages A personal injury claim seeks to recover for the damages sustained by an injured party due to the negligence of an individual. A victim can recover damages for both economic and non-economic losses. The amount of compensation is contingent on the severity and type of injuries sustained. Compensation may be used to cover medical expenses, lost earnings, emotional distress and pain and suffering. Damages for punitive purposes can be claimed in the case of extreme negligence. The kinds of compensation available in the case of personal injury are classified into two categories: special and general damages. The financial losses and expenses incurred are known as special damages and are usually quantifiable in dollars. Keeping accurate records and receipts for any losses or expenses will aid in maximizing the amount of money that is reimbursed through special damages. Future damages aren't always easy to estimate because they depend on the extent of an injury and its long-term effects. Our attorneys can work with medical professionals to determine the estimated cost of ongoing treatment, extra expenses for travel to and from appointments and any other modifications or equipment requirements that result from permanent disabilities. General damages are typically more subjective, and include compensation for the victim's pain and suffering related to an accident. This includes the cost of discomfort and pain in the past, as well as future pain and suffering depending on the severity of the injury. It is important to hire an experienced attorney representing you as they will be able to accurately assess your claim for pain and suffering depending on the specific facts of your case. Other general damages include emotional distress loss of companionship, emotional distress and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative impact that an injury can have on their being capable of enjoying the activities they used to love. Loss of companionship or emotional distress is more difficult to quantify. However, our lawyers have a wealth of experience in helping victims establish the right amount of compensation for these damages. Medical bills Medical bills can make up the majority of a settlement for personal injuries especially if the victim has suffered serious injuries. If the person who suffered an injury does not have an existing insurance policy that covers them, such as car insurance or health insurance policy, they will be accountable for medical expenses which were part of the settlement for personal injuries. The types of medical-related injuries that can be claimed in a personal injury claim include any medical expenses for the victim which includes hospital visits, surgeries and physical therapy, home care, and medications. Accident victims may also be able to claim future medical expenses likely to arise from their injuries. These costs could include future operations, rehabilitation procedures or the requirement for long-term medication. It is essential that victims of accidents stay up-to-date with their treatment and fully communicate with their doctors. This will help them demonstrate that their pain and suffering is worth a dollar. Additionally, keeping up-to-date with treatment options can help an accident victim recover faster and is crucial in proving the merits of their pain and suffering claim. In some cases medical bills can be so large that they exceed the total settlement of a plaintiff. If this is the situation, a lien reduction attorney can assist in negotiating the medical debt to ensure that more money can be put into the accident victim's pocket. Non-economic damages are as important as medical bills for a person who has been injured. These damages can be emotional stress and a loss of enjoyment. These types of damages are harder to quantify, yet they can still be compensated. It is crucial to consult with an experienced injury lawyer when you pursue a personal injury claim to ensure that all of your losses are considered. Suffering and pain A personal injury claim is a way to recover the costs incurred by a victim's physical pain and mental stress. It can also include other damages such as loss of enjoyment of life. Pain and suffering is one of the most subjective kinds of damages and can be difficult to prove and quantify. But it is an essential element of an injury claim. In most personal injury lawsuits, the plaintiff can recover both non-economic and economic compensatory damage. The first category is tangible losses such as medical expenses and lost wages. The latter include things such as pain and suffering as well as loss of consortium inconvenience, out-of-pocket expenses, and other losses that are not directly related to money. Non-economic damages are also known as “pain and suffering” and cannot be proved with receipts. They do not include a dollar amount. Thus, it is up to the jury to determine what a fair award would be. A judge will often be reluctant to modify the verdict of a jury for suffering and pain. A judge or jury may use several methods to calculate the amount for pain and suffering. One option is the multiplier method which involves multiplying actual damages by a number that depends on the severity of the victim's injuries. The per diem method assigns a dollar amount to each day of recovery until they reach their maximum medical recovery. It is essential to provide as much documentation as is possible regardless of whether you employ the multiplier method or the per-diem method. Included in this are medical records, photographs, and witness testimony. Keep journals that detail your injuries and the impact they've affected your life. This will help you remember the specifics of your case should you have to testify at depositions or hearings. If you're unable to reach an agreement with the insurance company, it may be necessary for you to go to court to solve your case. You can employ an attorney in New York to handle your case. A seasoned lawyer will handle your claim and maximize the amount of compensation you receive for your pain and suffering. Lost wages Lost wages are the largest portion of compensation that injured victims receive through their personal injury claim. These are wages they would have received in the event that they weren't forced to work a lot because of their injuries. Chesapeake injury lawsuits are typically temporary and can be recouped. In some cases they can be irreparable or permanent. Most people can calculate their lost wages by multiplying their salary by the number of weeks or days that they were away from work. Let's suppose that you earn $25 an hour ($1,000 per week) and you were injured in a traffic accident. You missed four weeks of work. In this scenario you'd lose $4,000. Personal injury cases can become more complicated based on the severity and nature of your injury. If you are permanently disabled and cannot return to work, you could be entitled to damages which include your future loss of earnings and advancement potential. In these cases the evidence to prove your loss of earning potential is as simple as presenting evidence that you were able to accept jobs in the past with the same amount that you could have earned. You might also have to provide additional documentation to prove that you lost wages. You may need to submit an official letter from your employer verifying your lost wages, along with tax records, profit and loss statements, invoices, receipts, bank statements for business, or other correspondence regarding finance. Bonuses and commissions could be taken into consideration when calculating your lost wages. In certain instances the insurance of the other driver's company might cover your lost wages as part of your no fault claim or settlement agreement. If this is the case, you should not be required to make a personal injury claim in addition to your no fault claim. If you've been injured in a crash in New York, or any other kind of injury, you should seek out a seasoned personal injury lawyer. This will assist you in dealing with the stress of the legal process on your own. It will also ensure that you receive compensation for your medical bills as well as lost wages, suffering and other expenses.